Issue:
Whether an order that would stop a school feeding programme, would be acting against the best interests of the child and would violate the right of children to basic nutrition.
Summary:
In 2023, the petitioners filed a constitutional lawsuit before the High Court of Kenya. It challenged the constitutionality of “Dishi Na County”. This is a school feeding programme launched by the Governor of Nairobi City County. The petitioners argued that the county government improperly assumed national government educational functions. Therefore, they aimed to halt the allocation of money for meals and for kitchen infrastructure.
In its final decision, the Court dismissed the petition. It ruled that the school feeding programme was not an unconstitutional transfer of functions under the Constitution of Kenya. Instead, the court recognized it as a valid, collaborative intergovernmental partnership agreement between the Ministry of Education (National Government) and the County Government. It also highlighted the law was aimed at co-funding and implementing school meals for public primary school students.
Furthermore, the Court held that the respondents provided sufficient evidence of public participation in compliance with the Constitution of Kenya. Crucially, the case highlighted the strict intersection between administrative governance, the best interests of the child, and the constitutional right to food and nutrition. The Court emphasized that every child has a right to basic nutrition under Article 53(1)(c) of the Constitution and Section 8(1) of the Children Act.
The judgment established that the school meals programme served the welfare and nutritional needs of children, especially those from informal settlements and vulnerable backgrounds. Then, any judicial order to halt the school feeding programme would actively violate the paramount best interests of the child and breach their constitutional right to basic nutrition. Consequently, the High Court dismissed the petition in its entirety, allowing the school feeding programme to continue operations.